Jail Avoided After Reckless Wounding and Domestic Violence Charges Negotiated – Hornsby Local Court

Background: Serious Domestic Violence Charges Before Hornsby Local Court

Our client, a mother in her thirties with a clean criminal record, first approached Australian Law Advocates after being served with an Apprehended Domestic Violence Order.

At that stage, the matter appeared to concern the ADVO only. We spoke with the client about how domestic violence orders in NSW operate and discussed the option of accepting the order without admissions.

However, when the matter came before Hornsby Local Court, we were informed that criminal charges were to be laid.

Within weeks, the client was charged with Reckless Wounding under section 35 of the Crimes Act 1900 (NSW). This is a serious offence carrying a maximum penalty of 7 years’ imprisonment.

The client had never previously been before the courts. She had no criminal record, was employed in construction, and faced the real possibility that a conviction — or worse, a term of imprisonment — could affect her employment, family life and future.

Charges Laid Against the Client

The client ultimately faced multiple domestic violence-related allegations, including:

• Reckless Wounding – section 35 of the Crimes Act 1900 (NSW)
• Assault Occasioning Actual Bodily Harm – section 59 of the Crimes Act 1900 (NSW)
• Assault Occasioning Actual Bodily Harm – section 59 of the Crimes Act 1900 (NSW)
• Common Assault – section 61 of the Crimes Act 1900 (NSW)

These are serious assault charges in NSW, particularly in a domestic violence context.

The most serious allegation was Reckless Wounding, because of the maximum penalty and the way courts treat wounding offences. A wounding offence generally involves more serious physical injury than a common assault or standard actual bodily harm allegation.

Additional Charges Laid Before Hearing

Backup Charge to Reckless Wounding

Approximately one month before the hearing, police laid an additional charge of Assault Occasioning Actual Bodily Harm as a backup to the Reckless Wounding charge.

Backup charges are often laid where police or prosecutors may be concerned that the more serious charge cannot be proved beyond reasonable doubt. In practical terms, this meant the prosecution had an alternative charge available if the Court was not satisfied that Reckless Wounding was made out.

This increased the complexity of the case and created additional risk for the client.

Further Domestic Violence Charges Added

Police also laid two additional charges:

• A further Assault Occasioning Actual Bodily Harm charge
• One Common Assault charge

This meant the client was no longer facing one serious allegation. She was facing multiple domestic violence charges, each carrying its own sentencing risk.

Given the number of charges and the seriousness of the Reckless Wounding allegation, there was a genuine possibility of imprisonment if the matter was not carefully negotiated.

Legal Strategy: Negotiating the Charges

Identifying the Risk of Imprisonment

The first priority was to assess the overall exposure.

The client had several important factors in her favour:

• She had a clean criminal record
• She had never previously been before the courts
• She was employed
• She was a mother
• The matter could potentially be resolved by negotiation

However, those factors did not remove the seriousness of the charges. Reckless Wounding is treated seriously by the courts, and where multiple domestic violence charges are before the Court, imprisonment can become a real possibility.

Similar issues arise in other serious domestic violence assault matters, including cases where Australian Law Advocates has secured a non-conviction outcome for Assault Occasioning Actual Bodily Harm in Manly Local Court and avoided jail in a serious assault sentence at Bankstown Local Court.

Turning Point: Police Agree to Withdraw Additional Charges

Negotiations With the Prosecutor

Our Criminal Lawyer Rachael Rodrigues spoke with the Prosecutor and negotiated the charges.

Police were ultimately willing to withdraw all of the newer sequences if the client entered a plea of guilty to the Reckless Wounding charge.

Although Reckless Wounding remained the most serious charge, this negotiation significantly reduced the number of offences before the Court and narrowed the sentencing risk.

This was an important strategic decision. Without the withdrawal of the additional charges, the client would have faced sentencing for multiple separate domestic violence offences.

Facts Amended to Reduce Seriousness

As part of the negotiated resolution, we were able to amend the facts to reduce the seriousness of the offending.

This mattered because sentencing is not determined by the charge alone. The Court also considers the agreed facts, including the circumstances of the offence, the level of violence, the nature of the injury, and the client’s personal circumstances.

By narrowing the charges and reducing the seriousness of the facts, the client was placed in a far stronger position at sentence.

This approach is consistent with other Australian Law Advocates outcomes where strategic negotiations have changed the final result, including domestic violence charges reduced at Waverley Local Court and multiple domestic violence and property charges defended in Burwood Local Court.

Sentencing: Community-Based Order Instead of Jail

The client entered a plea of guilty to Reckless Wounding and the matter proceeded to sentence.

At sentence, the focus was on ensuring the Court properly considered:

• The client’s clean criminal record
• Her lack of prior court history
• Her personal circumstances
• The negotiated withdrawal of the remaining charges
• The amended facts, which reduced the seriousness of the offending
• The fact that a community-based order could adequately address the matter

The goal was to avoid full-time imprisonment.

Outcome: Jail Avoided and Community Corrections Order Imposed

The client was sentenced to a Community Corrections Order for a period of 12 months.

✅ The additional domestic violence charges were withdrawn
✅ The facts were amended to reduce the seriousness of the matter
✅ The client avoided a term of imprisonment
✅ The Community Corrections Order required her to be of good behaviour
✅ There were no supervision or treatment conditions imposed

Although the client was convicted, she avoided jail — which had been a very real possibility at one stage.

This was a significant result given the seriousness of the original charge and the number of allegations that had been before the Court.

Why This Outcome Matters

This case shows why charge negotiation is often critical in serious domestic violence matters.

Where a person is facing multiple charges, the sentencing risk can increase dramatically. Even where a client has no criminal history, the Court may still consider imprisonment if the allegations are serious enough.

Here, the defence strategy focused on reducing the number of charges, amending the agreed facts, and ensuring the Court sentenced the client on a more limited and accurate basis.

For related examples, see Australian Law Advocates’ domestic violence case results and broader criminal defence results.

Understanding Reckless Wounding in NSW

Why Reckless Wounding Is Treated Seriously

Reckless Wounding is more serious than many lower-level assault offences because it involves an allegation of wounding. Under NSW criminal law, wounding is generally understood as an injury involving the breaking of the skin beyond the outer layer.

A conviction for Reckless Wounding can expose a person to serious penalties, including imprisonment. In a domestic violence context, courts also consider the relationship between the parties, the surrounding circumstances, and any risk of further offending.

This is why early advice is important. A person facing a Reckless Wounding charge may have options to:

• Negotiate the police facts
• Seek withdrawal of backup or related charges
• Prepare strong subjective material
• Advance sentencing submissions aimed at avoiding jail

Related Domestic Violence and Assault Case Results

These related Australian Law Advocates case studies may assist readers facing similar issues:

• Criminal Record Avoided for Assault Occasioning Actual Bodily Harm Charge – Manly Local Court
• Client Avoids Jail After Serious Assault Sentence in Bankstown Local Court
• No Conviction Recorded for Domestic Violence Assault and Property Damage Charges – Goulburn Local Court
• False Domestic Violence Assault Charge Dismissed and Legal Costs Awarded – Campbelltown Local Court
• Not Guilty Verdict Secured in Domestic Violence Assault Case – Liverpool Local Court
• Successful Self Defence Argument Led to Not Guilty Outcome for Domestic Violence in Mt Druitt Local Court

Tayla’s Insight

“When serious charges are laid, the first question is not just whether someone should plead guilty. It is what they should plead guilty to, what facts should be agreed, and how much unnecessary risk can be removed before sentence.”

Charged With Reckless Wounding or Domestic Violence Offences in NSW?

If you have been charged with Reckless Wounding, Assault Occasioning Actual Bodily Harm, Common Assault, or another domestic violence offence, early legal advice is critical.

The team at Australian Law Advocates regularly defends clients facing serious domestic violence charges in NSW and assault charges in Local Courts across NSW.